| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 160 |
| Hearing date | 11 May 2012 |
| Determination date | 11 May 2012 |
| Member | E Robinson |
| Representation | R Sari (in person) ; no appearance |
| Location | Auckland |
| Parties | Sari v Brelita Foods Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Authority found no provision in employment agreement for termination of employment without payment of notice period except in case of serious misconduct – Respondent to pay applicant $1,323 arrears of wages and $267 arrears of holiday pay – Administrator |
| Abstract | Applicant employed by respondent as administrator. Applicant sought arrears of wages and holiday pay. Applicant claimed not paid for two and half days work or for notice period. Respondent claimed applicant not entitled to wages as applicant employed on 90 day trial period and applicant’s performance substandard.;AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Applicant not employed on 90 day trial period as trial period not in written employment agreement (“EA”). No provision in EA for termination of employment without payment except in case of serious misconduct. Respondent to pay applicant $1,323 arrears of wages and $267 arrears of holiday pay. |
| Result | Application granted; Arrears of wages ($1,323); Arrears of holiday pay ($267.12); Disbursements in favour of applicant ($71.50)(Filing fee); Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s67A;ERA s67A(2);ERA s67A(2)(a);ERA s67B;ERA Second Schedule cl12;Wages Protection Act 1983 s4 |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Auckland_160.pdf [pdf 104 KB] |